Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Zumbro River Constructors for an Interim Use Permit to provide fill in southern
Chanhassen - Planning Case 06-28.
On August 1,2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Zumbro River Constructors for an interim use permit for
the properties located at 1425 Bluff Creek Drive and 1560 Bluff Creek Drive. The Planning
Commission conducted a public hearing on the proposed interim use was preceded by published
and mailed notice. The Planning Commission heard testimony from all interested persons
wishing to speak and now makes the following:
FINDINGS OF FACT
1. The properties is currently zoned Rural Residential District (Site 1), RR, and Agricultural
Estate District (Site 3), A2.
2. The property is guided by the Land Use Plan for Residential - Large Lot and Residential
- Low Density and Parks and Open Space.
3. The legal description of the properties is:
Site 1: Lot 1, Block 1, Hesse Farm 2nd Addition and a portion of Lot 2, Block 1, Hesse
Farm 2nd Addition.
Site 3: The SW quarter of the SW quarter of Section 26, Township 116, Range 23 West,
north of Bluff Creek Drive.
4. The proposed grading and filling operations:
a. Will not be detrimental to the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city since the hours of operation will
be limited, the duration of the grading will be limited, appropriate erosion control
measures will be installed and maintained, and the sites will be re-vegetated
immediately after completion of the grading operations.
b. Will be consistent with the objectives of the city's comprehensive plan and the
zoning ordinance as well as meeting the standards for grading in Chapter 7 of the
Chanhassen City Code.
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area since the sites will be restored to
their original vegetative state.
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d. Will not be hazardous or disturbing to existing or planned neighboring uses since
the hours of operation will be limited, the duration of the grading will be limited,
appropriate erosion control measures will be installed and maintained, and the
sites will be re-vegetated immediately after completion of the grading operations.
e. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
g. Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash since the hours of operation will be limited, the duration of
the grading will be limited, appropriate erosion control measures will be installed
and maintained, and the sites will be re-vegetated immediately after completion of
the grading operations.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
J. Will be aesthetically compatible with the area since the sites will be restored to
their original vegetative state.
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in the zoning
ordinance as well as meeting the standards for grading in Chapter 7 of the
Chanhassen City Code..
5. The planning report #06-28 dated August 1,2006, prepared by Robert Generous,
et aI, is incorporated herein.
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RECOMMENDA TION
The Planning Commission recommends that the City Council approve the interim
use permit for Site 1 (Moe and Hesse) and Site 3 (Klingelhutz).
ADOPTED by the Chanhassen Planning Commission this 15t day of August, 2006.
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